I EDUCATIONAL BULLETIN | 

M Vohuiie 4 March, 1919 Numbers M 

s = 

I EDUCATIONAL LAWS I 

I and RESOLUTIONS I 

1 PASSED BY 1 

I THE FOURTH STATE LEGISLATURE | 

i OF NEW MEXICO i 



Printed and Distributed by 

JONATHAN H. WAGNER 

state Superintendent of 
Public Instruction 



1919 



Published Quarterly by the State Board of Education 
Santa Fe, N. M. 

Entered as second-class matter, April 24, 1915, at the postoffice 
at Santa Fe, under the Act of August 24, 1912. 



EDUCATIONAL LAWS 
and RESOLUTIONS 

"Passed fii) 

THE FOURTH STATE LEGISLATURE 
OF NEW MEXICO 

1919 



j^ 



Printed and Distributed b\f 

JONATHAN H. WAGNER 

State Superintendent of 
Public Instruction 






1. tf fi. 

NOV I 1919 



SENATE JOINT RESOLUTION NO. 8. 

A Senate Joint Resolution Proposing the Amendment of Set;tion 8 of 
Article XIV, and Section 13 of Article XII of the Constitution of 
the State of New Mexico, Relative to Educational and Public In- 
stitutions. 

Ee It Resolved by the Legislature of the State of New Mexico: 

Section 1. That Section 3 of Article XIV of the Constitution oi: 
the State of New Mexico be amended so that said section shall read as 
follows: 

"Section 3. There is hereby created a Board of Control consist- 
ing' of four (4) members to be appointed by the Governor, each for a 
term of two years and at a salary of $3,000 per annum, and not more 
than two of whom shall belong to the same political party at the time 
of their appointment. Such Board of Control shall have the manage- 
ment and control of all State educational institutions enumerated in 
Section 11 of Article XII of the Constitution and of all State institu- 
tions enumerated in Section 1 of Article XIV of this constitution and 
of all State, educational, charitable, penal or reformatory institutions 
(other than the public schools) heretofore or hereafter established. 
This provision shall become effective on and after the 1st day of Jan- 
uary, 1921. The Legislature shall prescribe the powers and duties of 
such Board of Control and until such provision is made such Board of 
Control shall have, with respect to each of said institutions, the powers 
and duties now vested in the Boards of Regents or Boards of said in- 
stittxtions." 

Sec. 2. That Section 13 of Article XII of the Constitution of the 
State of New Mexico be amended so that said section shall read as 
follows: 

"Section 13. On and after the 1st day of January, 1921. the said 
State Educational Institutions shall be controlled and managed by the 
Board of Control created by Section 3 of Article XIV of this Constitu- 
tion." 

SENATE BILL NO- 102. 
(As Amended.) 

AN ACT 

Relathig to SchooLs; Providing for Compulsory School Attendance, 
Part-Time Schools and Classes and Penalties. 

Be It Enacted by the Legislature of the State of New Mexico: 

Section 1. Children between the ages of six and sixteen years of 
age shall attend public schools of the state for as many weeks as the 
public schools in the district in which such children reside shall be 
in session, except that children actually attending private or demon- 
inational schools maintaining courses of instruction, approved by the 
State Board of Education, those physically or mentally unfit or incom- 
petent and those residing more than three miles from public school 
houses and to whom no free public means of conveyance to and from 
school are furnished shall be exempt from the provisions of thi.s act. 



HOUSE BLLIi NO. 60. 
(As Amended.) 

AN ACT 

Amending Section 5. Cliapter 79, Session Ijaws of 1915, Relating to Tax 
Lievies for Public Schools and Ijiniiting Expenditures for Mainten- 
ance of Rural Public Schools, and Limiting the Number of School 
Rooms for Rural Public Schools. 

Be It Enacted by the Legislature of the State of New Mexico: 

Section 1. That Section five (5) of Chapter seventy-nine (79) of 
the Session Laws of 1915 is hereby amended to read as follows: 

"The board of county commissioners shall annually, at the time 
of levying other taxes, levy a special school tax not to exceed eighteen 
mills upon all taxable property of its respective county, which, together 
with the other revenvies provided by law, shall produce sufficient rev- 
enue to support and maintain said schools in municipal school districts 
and in rural school districts where there is or is to be established a 
graded school with at least four teachers, for the full period of nine 
(9) months, and in rural school districts for the full period of seven 
(7), eight (8), or nine (9) months in accordance with the estimates 
as made and finally passed upon for such districts. And provided 
further that the amount which may be expended by any rural school 
district, where no such graded school is maintained, for all purposes 
except the construction, purchase, lease, repair or equipment of school 
houses, shall not during any school year exceed the sum of seventy 
dollars ($70.00) per month per school room in which a teacher hold- 
ing a third grade certificate is employed nor more than ninety dollars 
($90.00) per month per school room in which a teacher holding a 
second grade certificate is employed nor more than one hundred and 
ten dollars ($110.00) per month per school room in which a teacher 
holding a fii'st grade or higher certificate is employed, and provided 
further that no such rural school district shall be entitled to more than 
one school room for each fifty children or fraction thereof of school 
age within the district. Provided, in kindei'garten gi^ades and primary 
grades the county board of education shall employ first grade teachers 
only, if the same can be secured." 

Sec. 2. So much of Section 4954, New Mexico Code of 1915, as is 
inconsistent herewith is hereby repealed, and Chapter 74 of the New 
Mexico Session Laws of the year 1915 is repealed in so far as the same 
affects school levies and salaries of school teachers. 

HOUSE Bllili NO. 61. 

- AN ACT 

To Allow the Consolidation of the Rural School Districts in Two or 
■ More Counties, and to Provide for tlie IManagenient Thereof. 

Be It Enacted by the Legislature of the State of New Mexico: 

Section 1. Upon the joint action of two or more county Boards of 
Education, having jurisdiction, contiguous rural territory, situate and 
lying in a compact body in two or more counties, may be' consolidated 
into a school district by a vote of a majority of each of the said Boards 
at a joint meeting thereof. The said vote shall thereupon be certi- 
fied to the respective County Clerks of said counties and to the Super- 
intendent of Public Instruction. The said vote, favorable to consoli- 
dation, shall constitute the act of consolidation. The county which, at 



the time of the consolidation, has the larger or largest number of 
school children within the consolidated school district, as shown by the 
last official school enumeration preceding such consolidation, shall be 
known for the purposes of this act, as the dominant county, and the 
others, the servient county or counties. The Board of Education of the 
dominant county shall constitute the governing body of said consoli- 
dated district, with the same control over the finances thereof as it 
now has over the other rural school districts of the county. 

Sec- 2. All school funds of each county contributing territory to 
said consolidated school district shall be apportioned to the fraction of 
said consolidated school district, that lies in such county, in the same 
proportion per capita of school children therein as would be required 
by section 11 of Chapter 105 of the Laws of 1917, were such fraction a 
separate school district of such county. Immediately after every ap- 
portionment, the treasurer of each servient county shall transfer the 
amount due said consolidated school- district from his county, to the 
treasurer of the dominant county who shall credit the same to said 
consolidated school district. 

Sec. 3. Upon consolidation, under the provisions of this act, the 
school directors of the former school district of the dominant county 
shall become the directors -of the consolidated school district until the 
next regular election of school directors, and shall have all rights, 
powers and duties specified by law for other school directors. 

Sec. 4. School districts or parts of school districts consolidated 
under the provisions of this act, except as herein otherwise provided, 
shall become, to all intents and purposes, a school district of the dom- 
inant county. Elections in school matters being held, and conducted, 
and bonds issued for school purposes in the same manner as are held 
or done in other rural school districts. Special taxes for local school 
district purposes and for the payment of the bonds of said consolidated 
school district shall be collected with other taxes by the different coun- 
ties on the property in the fractions of said consolidated school dis- 
trict therein situated, and the treasurer of each of the servient coun- 
ty or counties, shall pay such taxes to the treasurer of the dominant 
county to be used for the purposes for which they were levied. • 

Sec. 5. It is necessary for the preservation of the public peace, 
health and safety of the inhabitants of the State of New Mexico, that 
the provisions of this act shall become effective at the earliest possi- 
ble time, therefore an emergency is hereby declared to exist, and this 
act shall take effect and be in full force from and after its passage and 
approval. 

HOUSE BLLLi NO. 101. 
(As Amended.) 

AN ACT 

To Authorize Boards of Education in Municipal School Districts to 
Issue Bonds for the Purchase of School Sites and for the Con- 
stitiction, Enlargement and Repaii* of School Buildings, and Pro- 
Tiding for the Levyhig of Taxes to Pay Therefor. 

Be It Enacted by the Legislature of the State of New Mexico: 

Section 1. For the purpose of this act, each incorporated city, 
town and village and territory attached thereto for school purposes or 
under the jurisdiction of the board of education thereof shall be 
known as a municipal school district. 



HOUSE BlLIi NO. 60. , 

(As Amended.) 

AN ACT 

Amending; Section 5, Cliapter 79, Session Laws of 1915, Relating to Tax 
Levies for Public Schools and Limiting Expenditures for Mainten- 
ance of Rural Public Schools, and Limiting the Number of School 
Rooms for Rural Public Schools- 
Be It Enacted by the Legislature of the State of New Mexico: 

Section 1. That Section five (5) of Chapter seventy-nine (79) of 
the Session Laws of 1915 is hereby amended to read as follows: 

"The board of county cornmissioners shall annually, at the time 
of levj-ing other taxes, levy a special school tax not to exceed eighteen 
mills upon all taxable property of its respective county, which, together 
with the other revenues provided by law, shall produce sufficient rev- 
enue to support and maintain said schools in municipal school districts 
and in rural school districts where there is or is to be established a 
giaded school witli at least four teachers, for the full period of nine 
(9) months, and in rui'al school districts for the full period of seven 
(7), eight (8), or nine (9) months in accordance with the estimates 
as made and finally passed upon for such districts. And provided 
further that the amount which maj^ be expended by any rural school 
district, where no such graded school is maintained, for all purposes 
except the construction, purchase, lease, repair or equipment of school 
houses, shall not during any school year exceed the sum of seventy 
dollars ($70.00) per month per school room in which a teacher hold- 
ing a third grade certificate is employed nor more than ninety dollars 
($90.00) per month per school room in which a teacher holding a 
second grade cei'tificate is employed nor more than one hundred and 
ten dollars ($110.00) per month per school room in which a teacher 
holding a first grade or higher certificate is employed, and provided 
further that no such rural school district shall be entitled to more than 
one school room for each fifty children or fraction thereof of school 
age within the district. Provided, in kindergarten grades and primary 
grades the county board of education shall employ first grade teachers 
only, if the same can be secured." 

Sec. 2. So much of Section 4954, New Mexico Code of 1915, as is 
inconsistent herewith is hereby repealed, and Chapter 74 of the New 
Mexico Session Laws of the year 1915 is repealed in so far as the same 
affects school levies and salaries of school teachers. 

HOUSE BILL NO. 61. 

- AN ACT 

To Allow the Consolidation of the Rural School Districts in Two or 
More Counties, and to Provide for the Management Thereof- 

Be It Enacted by the Legislature of the State of New Mexico: 

Section 1. Upon the joint action of two or more county Boards of 
Education, having jurisdiction, contiguous rural territory, situate and 
lying in a compact body in two or more counties, may be' consolidated 
into a school district by a vote of a majority of each of the said Boards 
at a joint meeting thereof. The said vote shall thereupon be certi- 
fied to the respective County Clerks of said counties and to the Super- 
intendent of Public Instruction. The said vote, favorable to consoli- 
dation, shall constitute the act of consolidation. The county which, at 



the time of the consolidation, has the larger or largest number of 
school children within the consolidated school district, as shown by the 
last official school enumeration preceding such consolidation, shall be 
known for the purposes of this act, as the dominant county, and the 
others, the servient county or counties. The Board of Education of the 
dominant county shall constitute the governing body of said consoli- 
dated district, with the same control over the finances thereof as it 
now has over the other rural school districts of the county. 

Sec- 2. All school funds of each county contributing territory to 
said consolidated school district shall be apportioned to the fraction of 
said consolidated school district, that lies in such county, in the same 
proportion per capita of school children therein as would be required 
by section 11 of Chapter 105 of the Laws of 1917, were such fraction a 
separate school district of such county. Immediately after every ap- 
portionment, the treasurer of each servient county shall transfer the 
amount due said consolidated school- district from his county, to the 
treasurer of the dominant county who shall credit the same to said 
consolidated school district. 

Sec. 3- Upon consolidation, under the provisions of this act, the 
school directors of the former school district of the dominant county 
shall become the directors -of the consolidated school district until the 
next regular election of school directors, and shall have all rights, 
powers and duties specified by law for other school directors. 

Sec. 4. School districts or parts of school districts consolidated 
under the provisions of this act, except as herein otherwise provided, 
shall become, to all intents and ptirposes, a school district of the dom- 
inant county. Elections in school matters being held, and conducted, 
and bonds issued for school purposes in the same manner as are held 
or done in other rural school districts. Special taxes for local school 
district purposes and for the payment of the bonds of said consolidated 
school district shall be collected with other taxes by the different coun- 
ties on the property in the fractions of said consolixlated school dis- 
trict therein situated, and the treasurer of each of the servient coun- 
ty or counties, shall pay such taxes to the treasurer of the dominant 
county to be used for the purposes for which they were levied. • 

Sec. 5. It is necessary for the preservation of the public peace, 
health and safety of the inhabitants of the State of New Mexico, that 
the provisions of this act shall become effective at the earliest possi- 
ble time, therefore an emergency is hereby declared to exist, and this 
act shall take effect and be in full force from and after its passage and 
approval. 

HOUSE BELL, NO. 101. 
(As Amended.) 

AN ACT 

To Authorize Boards of Education in Municipal School Districts to 
Issue Bonds for the Purchase of School Sites and for the Con- 
sti-uction, Enlargement and Repaii- of School Buildings, and Pio- 
vjding for the Levying of Taxes to Pay Therefor. 

Be It Enacted by the Legislature of the State of New Mexico: 

Section 1. For the purpose of this act, each incorporated city, 
town and village and territory attached thereto for school purposes or 
under the jurisdiction of the board of education thereof shall be 
known as a municipal school district. 



Sec. 2. That boards of education of municipal school districts 
shall have power and authority to borrow money for the purpose of 
purchasing school sites, and for the purpose of erecting- and complet- 
ing- school houses, and for enlargement and repair of school buildings, 
by issuing negotiable bonds of their district to run any period of not 
less than twenty years nor exceeding thirty years, drawing interest at 
the rate' of not to exceed six per cent per annum, with interest payable 
semi-annually or annually, at such place as the board of education is- 
suing same may direct, which said indebtedness shall be binding ^nd 
obligatory on the school district for the use of which said loan shall 
be made; PROVIDED, that no such school district shall ever become 
indebted in an amount, including existing indebtedness, exceeding six 
per centum of the assessed valuation of the taxable property within the 
district as shown by the preceding general assessment. 

Sec. 3. The Board of Education of any municipal school district 
may submit to the voters of their district at the regular or any special 
election called for that purpose, the question of issuing bonds and the 
amount thereof, which question shall be voted upon by qualified 
electors of the district, and if a majority of all the votes cast upon that 
question be in favor of the issue of such bonds, then said board shall is- 
svie bonds to the amount voted, in denominations of not less than 
twenty-five dollars, nor exceeding five hundred dollars, and redeem- 
able at the pleasure of the board of education of said city, town or 
village, at any time after ten years. Said 'bonds ^all be given in the 
name of the board of education of the municipal school district issuing 
them, and shall be signed by the president, and attested by the clerk 
of such board and countersigned by the treasurer of such city, town 
or village where such district is situated, and shall not be sold for less 
than ninety-five cents on the dollar; PROVIDED, that if such bonds 
are issued for the building of a school house or for the enlarging or re- 
pairing of a school building; that the contractor constructing the same 
may receive in payment, such bonds at their face value, or at the 
price offered by the highest bidder. 

Sec. 4. Upon the request of the board of education, it shall be the 
ditty of the mayor of such city, town or village forthwith to issue his 
proclamation for the holding of an election for the purpose of sub- 
mitting to the legal voters the question of issuing bonds of such munic- 
ipal school district, and he sliall name therein the judges of election 
and the time and place of said election. Such election shall be held 
and conducted in all other i'espects substantially the same as are elec- 
tions for the city, town or village officers; but the returns of such 
election shall be made to the board of education of the municipal 
school district requesting the holding of the same, who are hereby au- 
thorized to canvass such returns and their decision upon the result 
of such election shall be final. 

Sec. 5. The clerl* of said board of education shall advertise for 
the sale of said bonds to the highest bidder in at least four weekly 
issues of some newspaper published in the county in which sufih munic- 
ipal school district is situated and if there is no newspaper published 
therein, then in a newspaper published in an adjoining county. 

Sec. 6. It shall be the duty of the clerk of the board of educa- 
tion of said municipal school district to register, in a book provided for 
that purpose, or bonds issued under this act, and such register shall 
show the number, date and amount of said bonds and to whom made 
payable, the interest paid thereon and the final payment thereof. 

Sec. 7- The board of education at the time of its annual levy of 
taxes for the support of schools shall also levy a sufficient amount to 



pay the interest, as the same accrues, on all bonds issued under the 
provisions of this act, and also to create a sinking fund for the redemo- 
tion of said bonds, and said amounts when paid into the treasurj', shall 
be and remain a specific fund for said purpose only, and shall not be 
appropriated in any other way; PROVIDED, there shall be no levy 
for sinlfing fund until ten years after the issue of said bonds, if they be 
for twenty years, and fifteen years after the issue, if they be for thirty 
years. Such specific fund and the property of such municipal school 
district are hereby pledged to the payment of the interest and prin- 
cipal of the bonds provided for in this act as the same become due. 

Sec. 8. Whenever the interest coupons of any bonds herein au- 
thorized shall become due, they shall be promptly paid on presenta- 
tion by the treasurer of such city, town or village out of any money in 
his hands for that purpose, and he shall endorse upon the face of such 
coupons in red ink the word "PAID," and the date of payment, and 
sign the initials of his name thereon and forthwith deliver the same 
to the clerk of said board of education to'be by him destroyed in the 
presence of said board of education, at their next regular or called 
meeting, w^hich fact shall be entered on record in the minutes of such 
board of education. 

Sec 9. When bonds issued under this act shall have been paid, 
it shall be the duty of the treasurer of said city, town or village, to 
endorse upon the face of such bonds in red ink the word, "PAID", and 
the date of payment, and sign the initials of his name upon the same, 
and forthwith deliver the same to the clerk of such board of education 
to be by him destroyed in the presence of said board of education, at 
their next regular or called meeting, which fact shall be entered of 
record in the minutes of such board of education. 

Sec. 10. That it is necessary for the preservation of the public 
peace and safety of the inhabitants of the State of New Mexico that 
the provisions of this act shall become affective at the earliest possible 
time, and therefore, an emergency is hereby declared to exist, and this 
act shall take effect and be in full force and effect from and after its 
passage and approval. 

SENATE B1L.L. NO. 98. 

AN ACT 

Providing- Noiniiiation and Appointment of Student Teachers- 
Be It Enacted by the Legislature of the State of New Mexico: 

Section 1. There shall be appointed annually, on or before July 
1st. by the Superintendent of Public Instruction, two resident persons 
of the State from each county between the ages of eighteen and twenty- 
five years as student teachei's who shall possess a diploma from the 
eighth grade of a public school of the state, and be entitled to special 
training in the schools mentioned herein. 

Sec. 2. Annually, on or before July 1st, each County School 
Superintendent, shall nominate and certify to the Superintendent of 
Public Instruction, two persons of his county possessing the foregoing 
qualifications, as student teachers, who shall be appointed as student 
teachers by the Superintendent of Public Instruction and assigned to 
either the Normal School or the Normal University as in the judgment 
of the Superintendent of Public Instruction shall best subserve the 
interest of the State and persons so appointed. Where nominations 
are not made as heretofore provided, the Superintendent of Public 



Instruction shall appoint as student teachers from the state at. large 
persons possessing said qualifications sufficient in number to equal 
with those appointed under nominations regularly made by County 
School Superintendents a total of fifty eight students for the scholastic 
year, the teachers so appointed at large to be assigned to either of 
said schools as in the judgment of the Superintendent of Public In- 
struction shall seem best. 

Sec. 3. The Schools wherein such student teachers are in at- 
tendance shall outline special courses of instruction for student teach- 
ers for the purpose of better fitting them as teachers in the rural 
schools of the state, the said courses to be completed in no less than 
ten nor more than twelve months. Student teachers successfully 
completing said courses shall receive from the State Board of Educa- 
tion a second grade teacher's cei'tificate, which shall continue effect- 
ive for two j^ears from date of issue. 

Sec. 4. That Sections one, two and three, Chapter eighty-nine, 
Laws of 1915 be and the same are hereby repealed. 

COM3IITTEE SUBSTITUTE FOR HOUSE BLLL. NO. 152- 

(As amended.) 

AN ACT 

Providing Night Schools for Certain Pei-sons and Providing for the 
Mauitenanc^ Thereof. 

Be It Enacted by the Legislature of the State of New Mexico: 

Section 1. Whenever there are ten or more illiterate or semi- 
illiterate adult pei'sons in any rural school district, any municipal 
school district of an incorporated viirage or town, or in a ward of any 
city, who wish to attend a night school, the respective county or mun- 
icipal board of education may engage a competent instructor to teach 
such persons at the school house of such district or ward in sessions 
of two hours each three times per week during the school term thereof. 
Sec 2 Such instructor shall receive per month not to exceed 
fifteen dollars for ten to fifteen, twenty dollars for fifteen to twenty 
and twenty-five dollars for twenty or more students regularly attend- 
ing such night school, to be paid out of the funds of the district in 
w^hich said school is held. 

Sec. 3. Chapter 88 of the Laws of 1917 is hereby repealed. 

HOUSE BHjLi no. 155. 

(As amended.) 

AN ACT 

For the Employment of Spanish Si>eakuig Teachers in Certain 
Rural Schools. 

Be It Enacted by the Legislature of the State of New Mexico: 

Section 1. No teacher in a rural school district inhabited princi- 
pally by Spanish-speaking people shall teach or be employed to teach 
therein unless he or she shall be proficient in the reading, writing and 
speaking of the English and Spanish languages: Provided, however, 
that this prohibition shall not apply whenever teachers with such 
qualifications and with the other necessary requisites prescribed by 
law cannot be obtained. 



Sec. 2. All branches of study in said schools shall be taught in 
the English language, as in other public schools of the State; provided, 
however, that it is hereby made the duty of the teachers in said 
schools to teach, in addition to the required studies in the English 
language, Spanish reading to Spanish speaking pupils and to such 
English speaking pupils as may desire to learn Spanish Reading. In 
addition thereto, the said teachers shall teach all Spanish speaking 
pupils to translate their English reading lessons into the Spanish lan- 
guage, to the end that such pupils may better understand that which 
they read in English. For the purpose of teaching Spanish reading, 
such Spanish text books shall be used as ai-e commonly used in Spanish 
schools. 

Sec. 3. Chapter 14 of the laws of 1917 is hereby repealed. 

COMMITTEE SUBSTITUTE FOR HOUSE BIIiL NO. 154. 
(As amended.) 

AN ACT 

To Provide for the Teaching- of the Spaiiisli Language in Certain 
PubHc Seliools of tlie State. 

Be It Enacted by the Legislature of the State of New Mexico: 

Section 1. A course of study of the Spanish language shall be 
taught in each standard four-year High School of the State, the Univer- 
sity of New Mexico, the College of Agriculture and Mechanic Arts, the 
Military Institute, the Normal University, the Normal School and the 
Spanish-American School. 

Sec. 2. The course of study for students of the Spanish language 
in such institutions shall be reading, writing, granimar, spelling, dic- 
tion and composition. The books to be used shall be those generally 
used in Spanish schools. 

Sec- 3. No person shall be employed to teach the Spanish lan- 
guage in any educational institution of the State unless such person 
shall present to the State Board of Education a certificate or diploma 
from some authorized educational institution showing that he under- 
stands and speaks the Spanish and English langiiages with sufficient 
fluency ^nd correctness to successfully teach the Spanish language in 
any institution of education in the State; or if no such, such certificate 
or diploma be presented to said Board, then such person shall pass 
an examination regarding his knowledge of the Spanish and English 
languages before some competent person, who shall be appointed to 
conduct such examination by the State Board of Education. If such 
person shall present certificate or diploma mentioned in this act to 
the State Board of Education, or shall successfully pass the examina- 
tion herein required, he shall receive a certificate from said board 
which shall entitle him to teach the Spanish language in any educa- 
tional institution in the State for four years from the date thereof. 

Sec. 4. All laws and parts of laws in conflict herewith are hereby 
repealed. 



jj'JJ«RY OF CONGRESS 

021 505 7^^^^^^^ 



